1 – General
1.1 All buyers and Sellers are deemed to have accepted all Terms and Conditions
1.2 The sale of each lot shall be governed by English Law.
1.3 For all purposes of the sale the Auctioneers shall be deemed to be Agents of both the Buyer and Seller and shall not be held responsible for any default by either the buyer or seller.
1.4 We reserve the right to copyright all Images and written documentation such as information in the Catalogue. Data and Images are the property of Brettells, no person may use or copy the same without consent of Brettells.
1.5 Brettells will try to ensure that the Catalogue and Images and Written Descriptions of each Lot are correct. Brettells will not be responsible for the correctness of the description or measurement or weight or genuineness or authenticity of any article. Whilst believed to be correct descriptions are made as an expression of opinion only and all Lots are sold subject to all faults and errors in description. Neither the Auctioneers nor the Sellers make any warranty to buyers in respect of the law and any implied conditions or warranties are excluded except in the case of the Seller those implied in S.12 of The Sale of Goods Act 1973 as amended By The Supply of Goods (implied terms) Act 1973.
1.6 Data protection – Use of personal information. Wherever obtained, any personal information or Data shared with Brettells shall only be used in accordance with the terms of our privacy policy.
2 - Selling
2.1 Goods will only be accepted for sale provided an Official Brettells Entry Form is completed and delivered to the Saleroom prior to sale. In default, the Entry Form to be completed by Brettells on behalf of the vendor and vendor to be deemed to have read and agreed to Conditions of Entry.
2.2 The Seller warrants to the Auctioneers and Purchaser that they are the true owner or that they are legally authorised to sell the goods and are able to transfer goods and marketable title free from any third party right. The Seller will indemnify Brettells, its Servants and Agents and the buyer against any loss or damage suffered in consequence of a breach of this condition.
2.3 Brettells have absolute discretion without giving reason to refuse any goods, to divide any Lot, to combine two or more Lots, to withdraw any Lot and in case of dispute to put up any Lot for sale again. Brettells reserve the right to declare any item unsaleable and to arrange for the disposal of such an item to a destructor without prior reference to the Vendor and to recoup all costs incurred from the Vendor.
2.4 The Seller authorizes Brettells to deduct Commission at the prevailing rate and to retain the Buyers Premium payable by the Purchaser. VAT will be added to the Commission charge.
3 - Commission Rates and Charges
3.1 GENERAL SALES
Lotting/Administration Fee – £3.00 + VAT per lot.
21% + VAT
Subject to a minimum charge of £1.00 + VAT per lot whether sold or not.
A minimum charge of £5 per vendor per sale will apply.
3.2 ANTIQUE SALES
Lotting/Administration Fee – £5.00 + VAT per lot.
15% + VAT subject to a minimum £5.00 + VAT per Lot, whether sold or not.
All unsold items will attract a charge of £5.00 +VAT per lot.
3.3 Brettells sell as Agent for the Vendor and as such is not responsible for any default by the Vendor, and may, in the case of Lots upon which there is a reserve price, exercise the right to bid on behalf of the Vendor.
3.4 The Seller shall be entitled to place a reserve price on any Lot prior to sale after discussing with the Auctioneers which represents the minimum hammer price at which the Lot may be treated as sold. Once placed, a reserve price cannot be changed except by consent of Brettells. Where a reserve has been placed only the Auctioneer may bid on behalf of the Seller. Any Lot entered with reserve that is subsequently not sold will be offered at the next sale with no reserve. Brettells reserve the right to charge Commission on the reserve price plus VAT on unsold lots with reserve prices.
3.5 Brettells accept no liability for Lots delivered to their premises without sufficient sale instructions and reserve the right to make a charge for Storage in the Auction Room of £1.00 + VAT per item per day. Lots left on the premises by Vendors after they have been requested to remove them. Items not removed within 2 weeks Brettells reserve the right to sell the items to defray Storage costs.
3.6 If a Seller Withdraws a Lot, the Seller shall arrange for the collection and removal of the Lot at their own expense within one week after the date of withdrawal. In the event that the Seller fails to remove the Lot by the agreed time, Brettells reserve the right to dispose of the Lot/s and retain all proceeds to cover storage costs.
3.7 Sellers Haulage Costs. Where Brettells arrange Haulage of any items via their authorised Hauliers the costs will be deducted from Sale Proceeds and Vendors will be wholly liable for any outstanding balance, payable directly to the Haulier. Only with prior discussion, Sellers may pay Hauliers directly. Brettells act as Agents only and will not be liable for loss or damage of goods for unauthorised removal of goods and for damage to goods or premises by a Haulage Contractor.
3.8 A Seller who sends goods for sale which are business assets must disclose to Brettells if they are registered for VAT and declare their Registration Number if appropriate. A Vendor who is VAT registered and supplying goods under the ‘Auctioneers Scheme’ or who has elected to apply goods for auction in the ‘Margin Scheme’ or ‘Global Accounting’ must advise Brettells prior to sale.
3.9 Brettells are unable to deal in items containing or made of elephant ivory, unless they are registered as exempt or certified as exempt, under the Ivory Act 2018. The Ivory Act applies throughout the United Kingdom and Northern Ireland.
3.10 Payments shall normally be paid to the Vendor within 21 days of the sale. All client’s monies are held on a non-interest bearing current account. Sort Code 40-34-34. A/c No. 21224441.
3.11 Brettells make every effort to ensure that the Catalogue and description of all Lots are accurate, but Brettells makes no warranty to that effect.
4 - Buyers
4.1 Buyers and prospective Buyers are accountable for being satisfied with Items before bidding by either personal inspection, Requesting Condition Reports or the description in the Catalogue. The buyer is deemed to have accepted Conditions of Sale and Notices by the making of any bid.
4.2 Viewing in the room is every Monday from 10am-4pm for General Sales.
4.3 Any contestable decisions as to who is the winning Buyer of any Lot due to matched Bids shall be settled by Brettells.
4.4 Buyers Premium –
When directly bidding through Brettells Auctions
19% + VAT
4.5 Online Live Bidding –
19% + VAT Plus Additional EasyLiveAuction Online Platform Fee of 3%
19% + VAT Plus Additional TheSaleroom Online Platform Fee of 4.95%
4.6 Please note that any lots purchased via EasyLiveAuction.com or Thesaleroom.com live auction services will be subject to an additional % commission charge + VAT to the rate imposed on the hammer price. It is the buyers responsibility to check the Fee’s from their chosen Live Bidding Platform.
4.7 VAT
Where VAT is payable by the Buyer on the Hammer Price this is indicated in the Catalogue and by the Auctioneer on the Sale Day.
4.8 In completing a registration to an online platform, buyers will need to provide credit card details, unless alternative arrangements are agreed with Brettells Auctioneers & Valuers.
4.9 The highest bidder shall be the buyer at the “Hammer Price” and any dispute shall be settled at the Auctioneers absolute discretion. The Auctioneer shall have the right to determine the advance of the bid. The Auctioneer reserves the right to refuse any bid and of altering, adding to, dividing, consolidating, or withdrawing any Lot or Lots at the sale or bidding on behalf of the Seller. The Auctioneers shall be the sole arbitrators to every matter connected to the sale and their decision on each and every point in question shall be final and binding on all parties.
4.10 Buyers shall give on request, full names and places of residency and/or business addresses and proof of identification or information that the Auctioneers may require.
4.11 Commission Bids will be executed free of charge for those who are unable to attend the sale but only upon receipt of written instructions. All commission bids are accepted only at the senders risk and no refunds or allowances shall be made to the buyers in respect of any error in description, lot number or maximum bid made by the buyer.
4.12 All lots to be at the sole risk and charge of the buyer from the fall of the hammer and such Lots to be taken away with all faults, defects and errors of description of whatsoever nature.
4.13 No buyer shall be entitled to remove any Lot from the premises until payment for the whole of the Lots purchased in full has cleared. If requested to do so the purchaser must supply reasonable means of identification and a receipted account before removing any or all lots.
4.14 Artist’s Resale Right. Purchase of lots marked with the following symbol (+) will be subject to payment of the Artist’s Resale Right, at a percentage of the hammer price calculated as follows:
Portion of the hammer price (in Euros)………………Royalty Rate
From 0 to 50,000…………………………………….….4%
From 50,000.01 to 200,000…………………………….3%
From 200,000.01 to 350,000…………………………...1%
From 350,000.01 to 500,000……………………………0.5%
Exceeding 500,000………………………………………0.25%
4.14.1 The Artist’s Resale Right payable will be aggregate of the amounts payable under the above rate bands, subject to a maximum royalty payable of 12,500 Euros for any single work each time it is sold. The maximum royalty payable of 12,500 Euros applies to works sold for 2 million Euros and above. Calculation of the artist’s resale right will be based on the Pounds Sterling/Euro reference exchange rate quoted on the date of the sale by the European Central Bank.
5. Payments and Collection
5.1 All won items should be Paid for in Full and Collected within 7 working days of the Sale Date following the Auction.
5.2 Methods of payment include Online Card Payments, Bank Transfers, Over the Phone, Card or Cash payments in person upon Collection. Cheques shall not be accepted by Brettells unless the purchaser is known to the Company or prior arrangements made at least two days prior to the sale. We will not accept single cash payments exceeding €9999.00 In accordance with Money Laundering Regulations and the Criminal Justice Act of 1993.
5.3 For items such as Silver, Gold and fine Jewellery amounting over £500 we can only accept payment Via Bank Transfer, Cash or Debit Card requiring PIN verification in person.
5.4 All items must be paid for before being taken away from the Premises. The buyer is obligated to pay the Hammer price plus buyers premium (plus online platform fees where applicable) and added VAT.
5.5 If Non-collection of Items has exceeded 7 working days after the date of the sale purchased, the buyer shall be responsible for any removal, storage and insurance charges on any Lot which has failed to be collected.
5.6 If Items are not collected within 7 working days Brettells reserve the right to charge for Storage in the Auction Room of £1.00 + VAT per item per day.
5.7 If items are not paid for or subsequently not collected with failure to comply with previously stated Conditions, the Auctioneers shall be at liberty to re-offer the Lot or Lots in a future sale 21 days after the sale date without further notice, either by Public or Private Sale and the deficiency, if any, arising from such second sale together with all charges and expenses attending the sale shall be recovered as and for liquidated damages.
5.7.1 Furthermore the Auctioneers shall be entitled to exercise one or more of the following rights and remedies:
a. Issue legal proceedings against the buyer for breach of contract.
b. to rescind the sale of any other Lots to the defaulting purchaser.
c. to reject or ignore any bids made by the defaulting purchaser or to obtain a deposit before accepting further bids.
6. Risks
6.1 Every person on Brettells premises at any time shall be deemed to be there at their own risk and shall have no claim against Brettells in respect of any injury he/she may sustain or any accident which may occur. Brettells shall have the right at their discretion to refuse admission to their premises to any person.
6.2 Brettells reserve the right to cancel any sale without prior notice.
6.3 RICS Regulations. Brettells operate a Complaints Handling Procedure for Clients, copy available on request
7. Insurance.
7.1 Brettells are not regulated by the FSA for the provision of insurance to their clients. However, for its own protection, Brettells insures property against all risks consigned to it at the mid pre sale estimate at a charge of 1.6%. If the lot has been sold, it is insured at the hammer price against loss as a result of theft, fire, flood or negligence whilst on Brettells premises. If the lot has been sold, it is insured at the hammer price against loss as a result of theft, fire, flood or negligence whilst on Brettells premises.
7.2 Brettells will not be liable for damage caused by the Seller or a Buyer to third parties or their own property while on the premises.
